Texas § SD.8510.0310 - ADDITIONAL POWERS OF AUTHORITY AND OTHER PERSONS

§ SD.8510.0310. ADDITIONAL POWERS OF AUTHORITY AND OTHER PERSONS

ADDITIONAL POWERS OF AUTHORITY AND OTHER PERSONS; BONDS. (a) In this section, "public agency" means an authority, district, municipality, other political subdivision, joint board, or other public agency created and operating under the laws of this state. (b) The authority and a person may: (1) contract, on terms to which the parties may agree, with respect to an authority power, function, or duty; and (2) execute appropriate documents and instruments in connection with a contract described by Subdivision (1). (c) The authority may issue bonds in the manner provided by Sections 8510.0504 , 8510.0505 , 8510.0506 , 8510.0507 , 8510.0508 , 8510.0510 , and 8510.0511 with respect to its powers, including the powers granted by this section, for the purpose of providing money: (1) to enable the authority to pay for the costs of engineering design and studies, surveys, title research, appraisals, options on property, and other related matters and activities in connection with planning and implementing various proposed projects or improvements; and (2) to operate and maintain a facility. (d) Notwithstanding any other provision of this chapter, the authority may undertake and carry out any activities, enter into loan agreements, leases, or installment sales agreements, and acquire, construct, own, operate, maintain, repair, improve, or extend and loan, lease, sell, or otherwise dispose of, on terms including rentals, sale price, or installment sale payments as the parties may agree, at any place or location inside the authority's boundaries, any and all money or bond proceeds, works, improvements, facilities, plants, buildings, structures, equipment, and appliances, and all property or any property interest, that is incident, helpful, or necessary. (e) The authority may exercise the powers provided by Subsection (d) to: (1) provide for the control, storage, preservation, transmission, treatment, distribution, and use of water, including storm water, floodwater, and the water of rivers and streams, for irrigation, electric energy, flood control, municipal, domestic, industrial, agricultural, and commercial uses and purposes and for all other beneficial purposes; (2) supply water for municipal, domestic, electric energy, industrial, irrigation, oil flooding, mining, agricultural, and commercial uses and purposes and for all other beneficial uses and purposes; (3) generate, produce, distribute, and sell electric energy; and (4) facilitate the carrying out of an authority power, duty, or function. (f) The purposes stated by Subsection (e) are for the conservation and development of the natural resources of this state within the meaning of Section 59 , Article XVI, Texas Constitution. (g) A public agency may: (1) impose a fee, rate, charge, rental, or other amount, including a water charge, a sewage charge, a solid waste disposal system fee and a charge including garbage collection or handling fee, or another charge or fee, for a service or facility provided by a utility operated by the public agency, or provided pursuant to or in connection with a contract with the authority; (2) impose an amount described by Subdivision (1) on inhabitants, users, or beneficiaries of the utility, service, or facility described by that subdivision; and (3) use or pledge an amount described by Subdivision (1) to make a payment to the authority required under the contract and may pledge that amount in an amount sufficient to make all or any part of the payment to the authority when due. (h) If a public agency and the authority agree in a contract, the payment made by the public agency to the authority under the contract is an expense of operation of a facility or utility operated by the public agency. (i) This section does not compel a person or public agency to secure water, sewer service, or another service from the authority, except under a voluntarily executed contract. Added by Acts 2021, 87th Leg., R.S., Ch. 914 (H.B. 3530 ), Sec. 1.03, eff. April 1, 2023.